Common use of Trial by Jury Waived Clause in Contracts

Trial by Jury Waived. Each party hereby waives, to the fullest extent permitted by law, any right to a trial by jury in respect of any litigation arising directly or indirectly out of, under or in connection with this Insurance Agreement or any of the other Operative Agreements or any of the Transactions contemplated hereunder or thereunder. Each party hereto (A) certifies that no representative, agent or attorney of any party hereto has represented, expressly or otherwise, that it would not, in the event of litigation, seek to enforce the foregoing waiver, and (B) acknowledges that it has been induced to enter into the Operative Agreements to which it is a party by, among other things, this waiver.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (American Airlines Inc)

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Trial by Jury Waived. Each party hereby waives, to the fullest extent permitted by law, any right to a trial by jury in respect of any litigation arising directly or indirectly out of, under or in connection with this Insurance Agreement Agreement, the Policy or any of the other Operative Agreements Documents or any of the Transactions transactions contemplated hereunder or thereunder. Each party hereto (A) certifies that no representative, agent or attorney of any party hereto has represented, expressly or otherwise, that it would not, in the event of litigation, seek to enforce the foregoing waiver, waiver and (B) acknowledges that it has been induced to enter into this Insurance Agreement, the Policy (in the case of the Certificate Insurer) and the other Operative Agreements Documents to which it is a party by, among other things, this waiver.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (American Business Financial Services Inc /De/)

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Trial by Jury Waived. Each party hereby waives, to the fullest extent permitted by law, any right to a trial by jury in respect of any litigation arising directly or indirectly out of, under or in connection with this any of the Operative Documents or a Certificate Insurance Agreement Policy or any of the other Operative Agreements or any of the Transactions transactions contemplated hereunder or thereunder. Each party hereto (A) certifies that no representative, agent or attorney of any party hereto has represented, expressly or otherwise, that it would not, in the event of litigation, seek to enforce the foregoing waiver, waiver and (B) acknowledges that it has been induced to enter into the Operative Agreements Documents to which it is a party (or, in the case of a Certificate Insurance Policy, the Certificate Insurer so acknowledges) by, among other things, this waiver.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-Nc4)

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